GOPAL KHULLAR Vs. NEW DELHI HOTELS LIMITED

JUDGEMENT

(1.) The plaintiffs as descendants of Late Shri Nagan Nath Khullar, who died on 8-7-1972, have instituted this suit for specific performance of the agreement to sell, and possession of flat No. 12 on the 3rd floor of the multi-storied building constructed by the defendant at No. 27, Barakhamba Road, New Delhi. The same is stated to measure about 510 sq. feet and was agreed to be sold by the defendant to Jagan Nath Khullar on 4-1 1-1970 when the building was in the process of being constructed. The rate agree was Rs. 160.00 per sq. Feet and the total consideration was Rs. 81,600.00 . This amount was payable in various instalments as the building reached different stages of construction. Rs 10.000.00 were paid initially and five other instalments were paid by Shri Khullar from 7-11-1970 to 22-6-1972. Even after the death of Shri Khullar two further instalment of Rs. 8,292.00 each were paid by the plaintiffs in September and November 1972 and receipts obtained. In this way of total amount of Rs. 61,768.00 was paid to the defendant towards the sale consideration of the flat.

(2.) The plaintiffs it is next contended had been approaching the defendant to apprise them when the balance instalments could be paid and were willing to pay them, but the defendant did not respond nor received the amounts. Ultimately a legal notice was served by them, and on the failure of the defendant to comply, the present suit was brought.

(3.) The defendant has in the written statement admitted the receipt of the said amounts and also that the said flat was allotted by it to Jagan Nath Khullar. The latter however it is avered had not accepted the allotment nor had signed the application for allotment. He it is stated never agreed to purchase the flat and in the circumstances, the mere allottment could not confer any right of purchase on him. In para 4 of the written statement on merits it has at the same time been stated that the total amount of Rs. 61.768.00 had been paid to the defendant by deceased Jagan Nath Khullar or on his. behalf for entering into the agreement for purchasing the flat. However, it has next been added in para 6 that Jagan Nath Khullar had not executed the formal agreement and this could be done when all the instalments had been paid. Details of the terms and conditions which were to form part of the formal agreement arc also given in the written statement.